Legal Question in Traffic Law in Nevada

passing in a no passing zone

I was driving down 5th street when the car in front stopped in the middle of the street. I thought the car stopped to let people cross the street. There was no people crossing the street. There were no crosswalks, but I thought the driver was being nice. I waited maybe a minute and then decided to pass the car so I went around the car. This was a two lane street with a center island with a solid yellow line. After passing this car a highway patrolman pulled me over. I told him the car was not moving so I passed him. The officer gave me a ticket for passing in a no passing zone.Please give me some advice for a defense.

Asked on 4/20/01, 3:07 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: passing in a no passing zone

Legal justification for your actions is found in the defense of "necessity." It was necessary for you to violate the traffic code in order to extricate yourself from the situation in which you found yourself, and to avoid the greater harm of having to remain blocking traffic or backup against the flow of traffic to begin moving again.

Don't be devestated if it doesn't work. Such citations are hard to beat.

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Answered on 6/13/01, 12:03 pm

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